could it mean higher pay for them or higher prices for you. your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day," thursday, december 5th, 6:00 in the east. winter's grip getting tighter. the next phase of extreme weather expected to be a major ice storm across the southern plains into the ohio valley. texas, oklahoma, arkansas, under the gun. more snow will fall in already hard-hit spots like denver. that's where ana cabrera is. good morning. >> reporter: it is incredibly cold here this morning. denver hit a record yesterday of negative 13 degrees below 0. and the temperatures are still falling, negative 14 degrees in denver right now. so dangerously cold. in colorado, of course, is not alone as this arctic air mass continues to spread.

a dangerous and drastic temperature plunge has millions shivering this morning across the country. >> well, the thermometer in my truck said 7 degrees when i was driving over here. it's cold. >> reporter: overnight, the mercury dipping even lower, some places experiencing bone-chilling, feels-like temps of 30 to 40 degrees below zero. the arctic blast stretching from the southern rockies to duluth, minnesota. this massive winter storm is unleashing strong winds along with heavy snow. a treacherous combination, creating poor visibility and super slick conditions. >> people started going into the ditch, losing control of their vehicles. >> reporter: in denver, a van rolls off a deceptively slippery road. and in south dakota, a tanker truck slides off a snowy highway. the relentless pounding snow and ice, really piling up across the nation's midsection. it's a lot of hard work for residents trying to clear the

drive huas and sidewalks and the heavy equipment struggling to keep up across the country's interstates and highways with some spots seeing more than a foot of snow in a matter of hours. >> anybody that can't find a place to be indoors, that's obviously a real problem. >> reporter: we do know of at least one weather-related death, because of this storm in minnesota. a 16-year-old girl died after she lost control behind the wheel having hit a slushy spot. now, amazingly, there have been relatively few other injuries or serious issues related to this storm. it appears people have been prepared. >> thank you for that report. let's go to indra petersons. >> the real danger right now are these temperatures. take a look at what the feels like temperatures are. great falls, negative 36. talk about the risk of hypothermia. denver feels almost negative 30.

unbelieve an how cold this air mass is. the big threat remains to be over the next several hours whether or not we get an ice storm out of this. the likelihood does look high. we start to see the threat for freezing rain spreading as we go through the evening and even lasting in through tomorrow. we'll be talking about this threat of icing. by saturday it looks like this first wave will move offshore. as far as how much rain and snow we're expecting, 2 inches of rain in the southeast. more amounts in the midwest. we could see amounts over half an inch. paducah to just east of dallas. when you have that, you are talking about power outages likely. here's the problem. it's not one weight of this lasting two days. the first one kicks through, notice behind it, here comes a second guy by saturday or sunday. people lose power the first time around. they'll be talking about cold temperatures and another round of ice for the second half of the weekend. chris and kate. >> indra, thanks so much. a one-two punch.

fast food workers taking to the picket line today. walkouts are expected in 100 cities across the nation. why? workers are demanding higher wages and more freedom to form unions. wednesday they got a big boost from president obama who said now is the time to raise the federal minimum wage. alison kosik is with striking workers in brooklyn. what's the situation, alison? >> reporter: this movement has gained moment since the first protest in new york city. a couple hundred showed up and walk off the job. today, thousands are expected to walk off the job demanding higher wages. it's a growing movement. workers banding together, fighting to raise minimum wage. today is billed to be one of the largest strikes in a series of walkouts with protests planned in nearly 100 cities across the country.

this summer, thousands of fast food workers gathered in nearly 60 cities coast to coast. in new york and chicago, fired up protesters swarmed mcdonald's restaurants, trying to persuade their fellow workers to join them. >> living on 7.25, you cannot do it. >> reporter: many fast food workers making minimum wage are struggling to get by. >> how can you live on 7.25? you can't pay your apartment or buy food. >> reporter: eduardo lost his job a few years ago. now 58 with two children headed to college he works at kentucky fried chicken in new york earning $7.25 an hour. he also works a night shift as a forklift operator at kennedy airport. >> it's tough, real tough. i can't do none of the things i used to do, able to pay my mortgage, my car payment, able to take my family out to dinner. that we had to cut out. we had to sacrifice a lot of

stuff. >> reporter: median pay is $9 an hour or $18,720 a year, well below the census bureau's poverty line of about $23,000 for a family of four. >> workers are taking these jobs because they are desperate. and in an economy that is not creating enough work for people who want to go to work and still not creating enough middle class jobs. >> reporter: the president is paying attention to the issue, calling for a raise in the federal minimum wage. >> it's well past the time to raise a minimum wage that in real terms right now is below where it was when harry truman was in office. >> reporter: in this push for a higher minimum wage, a higher federal minimum wage likely to not go away anytime soon. the bureau of labor statistics shows six out of ten fastest growing positions in the next decade will be low paying

positions. >> a lot of folks are struggling. that's for sure. we'll be watching these protests across the nation. in other headlines, vice president joe biden says china's new air defense zone over the east china sea is causing significant apprehension. he's in beijing meeting with the country's top leaders. biden says he expressed washington's firm position and expectations regarding the zone. the air space is over a disputed island chain claimed by both china and japan. biden will be heading to seoul, the last stop on his asian tour. john kerry is meeting with benjamin netanyahu. kerry will try to push the mideast peace process forward and meet with president mahmoud abbas in the west bank later today. new developments in the massive yarnell hill fire. it killed 19 elite firefighters

last year. it accused the administration of forestry of failing to have a proper plan to combat that forest fire. they've been fined more than $500,000 for workplace violations during the tragedy and has 15 days to appeal. they've wrapped up the rape investigation of jameis winston. a news conference is scheduled to are this afternoon. winston is a leading candidate for the heisman trophy. many voters are waiting to see whether he's charged before they cast their ballots. much more on this story in our next hour. one of the first pooches causing a bit of a stir at the white house. he went nose to nose with a 2-year-old girl who was taking a tour of the white house holiday decorations. ashton gardner got knocked on the ground, took a bit of a tumble. ashton got up, told the first lady she was okay and received

some kisses from sonny. >> puppies. i remember getting knocked over. it was a tiny weiner dog. i was terrified for the rest of my life. >> if you're going to get knocked down, get knocked down by the first dog. >> adorable little girl, too. >> just released 911 calls from the sandy hook shooting. we'll bring you the mixed reaction from the families of the victims as they continue to recover. and president obama is on a mission to fire up his base, pledging to fix income inequality. we'll test the president's plan and chances for agreement on it in our political gut check. is this the bacon and cheese diet? this is the creamy chicken corn chowder. i mean, look at it. so indulgent. did i tell you i am on the...

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welcome back to "new day." it's almost one year since a gunman killed 20 children and 6 staffers inside sandy hook elementary school in newtown, connecticut. the 911 recordings from that day were just made public. after quite a lot of discussion here, cnn has decided to air portions of the calls because as a network we believe they are newsworthy, particularly in how they shed light on the heroic response from the school staff and emergency responders. we'll be playing them sparingly and immediately after you will hear from the families of newtown victims. some who listened to the calls said they found solace in them.

others refuse d. what we're about to play could be tough to hear. first to deborah feyerick. >> reporter: the first call came in from the school's secretary, moments after classes started. >> what's the location of your emergency. >> sandy hook school. i think there's something shooting in here, sandy hook school. >> what makes you think that? >> somebody thought they saw a glimpse of somebody running down the hallway. they're still running, they're still shooting. sandy hook school, please. >> seven 911 calls were released. they captured the fear and quiet urgency of those inside and the professionalism of the police dispatchers. one woman shot in the foot crawled into a classroom where several children hid near a bookcase. >> try to apply pressure, okay? >> okay. we have people coming, okay? >> uh-huh. >> all right. >> is there any other teacher

with you or just students. >> no, there's two other adults in the room with me. >> are they right next to you? where are they in the room? >> they're over on the other side of the book shelf. >> are you okay right now? >> for now, hopefully. >> reporter: according to a report by the state's attorney, that teacher and the students in that classroom survived. it was custodian rick thorn in a different part of the school who became the eyes and ears for a police dispatcher. >> i am down the corridor. >> all right. i want you to take cover. jen, get the sergeant. all right. get everybody you can going down there. >> all right. >> let me get some information from you. what makes you think that? >> the front glass is all shot out, it kept going on. >> okay. >> it's still happening. >> all right. what about the students in the front of the building.

>> they're -- everything's locked up as far as i know. >> you're in lock down. >> yes, in lockdown. >> at one point, the custodian is confronted by responding police officers. >> custodian! custodian! >> who are you? >> custodian. >> he relays information between the officers and the 911 dispatcher. >> i'm on the phone with dispatch. >> victims in the building. victims in the building. >> how many? >> how many? >> two down. >> two down. >> what becomes clear from the released audio is how police and those in the school responded. no apparent chaos, calm determination to deal with the unimaginable. deborah feyerick, cnn, new york. >> newtown officials and families of the victims, they fought successfully to block pictures of the crime scene from being released but some also

fought to keep those 911 recordings from being made public as well. cnn's pamela brown is here now with reaction from some of the families who were impacted by this. good morning, pamela. >> as you mentioned earlier, kate, the reaction among newtown families is mixed. two of the relatives we spoke with are unequivocally opposed to the 911 calls being made public, saying releasing the audio pours salt into the wound. another relative told cnn the audio helped her make sense of the detail in what was a senseless tragedy. >> i have no desire whatsoever to hear the slaughter of 26 people, including my 6-year-old boy and i can't imagine why anyone else would want to hear that as well. >> reporter: nicole is bracing for the one-year anniversary of the death of her son, dillon, a first grader killed inside sandy hook elementary school. she faces the fear of hearing the 11 calls placed from inside her son's school during the shooting spree. >> even not hearing them, do you

feel like it opens up wounds, just knowing that it's out there? >> yes, because i don't know if i'm going to turn on the radio one day or turn on the tv one day or be googling on something and just happen to come across them by accident. >> reporter: she's one of many who fought to keep the 911 calls confidential but the town released the nearly 18-minute recording wednesday after a court ruling. the judge in the case says not releasing the call only serves to fuel speculation in our law enforcement officials. >> i did listen to them. i did hear them. >> reporter: neil lost his 6-year-old son jesse. while he didn't want the calls to be released, he felt compelled to listen. >> i felt it was something i needed to do or wanted to do, just to know. you know, jesse was my son. i brought him into the world. >> reporter: some victims relatives like the daughter of slain principal dawn, the audio

helped paint a complete picture. there is nothing on the recordings that violates the victim's privacy, she said, the public has the right to know. one thing all the victim's families stand united on, continuing their loved one's legacy. >> i prefer to focus less on the tragedy but instead be seen as something in a person that is going to help prevent future violence in this country. >> i guess if i had one wish, i wish that everyone could do an act of kindness or try to do a good deed and remember a tragedy in the victims in honor of sandy hook elementary school children and the teachers. >> a media organizations across the country delicately debated what, if anything, from the tapes should be aired. out of respect for the families they're nightmare would be sensationalized for tv, many

news organizations, including cnn, are choosing to air certain parts at certain times. others are choosing not to broadcast any of the audio. you're seeing a mixed response. >> it's clear that the families continue to struggle with the immense loss they're dealing with. and it goes without saying, the nation continues to mourn with them. thank you. chris? all right. coming up on "new day," the nsa may know where you are just about everyone else as well. the latest leak suggests billions of you are tracked through your cell phones. we'll tell you why and president obama begins to take on his next big initiative. what he says is the defining challenge of our time. we'll tell you what it is.

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welcome back to "new day" on this thursday. i want to bring you the latest on the latest headlines. a powerful arctic blast is set to deliver its next punch, a snow and ice storm expected to stretch from the southern plains to the ohio valley. more snow also falling in the rockies but at a bit of a slower pace and snow continues to fall in the upper midwest. in minnesota, the storm is being blamed for nearly 500 car crashes statewide on wednesday alone. actor paul walker may have survived the initial impact of saturday's fatal crash, autopsy results suggest the "fast & furious" star died from a combination of traumatic injuries from the crash and the

resulting fire. the report also confirmed that walker was not the driver of the car. meanwhile, universal pictures says it is shutting down production of "fast & furious" seven indefinitely. hackers have stolen roughly 2 million e-mails and pass words. a new report says an untold number of computers were hit with malware. steps have been taken to inform many of the users whose accounts were compromised. toronto's scandal-plagued mayor rob ford may have tried to buy damaging video that appears to show him smoking crack. the offer was allegedly made some two months before the existence of the tape was reported. this information comes from police wiretaps of gang members. one is heard saying he rejected ford's $5,000 offer and planned to demand $150,000 from him

instead. check this out. oh, it's so beautiful, the fame fameous rockefeller christmas tree in new york city. that is quite a star, 9 1/2 feet wide. it is a swarovski crystal star. >> swarovski. >> yes. >> another word i cannot say. >> erecting it first of all is a challenge and decorating it and making it look symmetrical, i'd have the back half of it forg forgott forgotten. >> kind of like our hairstyles every day. >> the story of the family who gifted -- i don't know what the word is. the mom got emotional. it's been part of their family their whole lives. >> it's quite an honor. >> good way to go out. >> now that you've announced it's a swarovski star, keep a camera on that tree. you'll see the guys climbing up

that tree. if i can just -- >> right. let's move now to our political gut check of the morning. president obama is recommitting himself to closing the growing gap between the rich and the poor. in a speech he delivered from one of washington's working class neighborhoods, he said making the economy work for all americans is in his words the defining challenge of our time. here to talk more about this, john avlon, cnn political analyst and executive editor of the daily beast. good morning, john. >> good morning. >> the president has talked about this and pushed to are this issue before. why now? >> the president and white house is pushing this idea. he wants to make this a signature issue of his second term. first of all going back to his roots as a community organizer, this is a president who cares about these issues. thiscy fundamental fault line in the current debate inside the democratic party. you have the centrist democrats of the bill clinton era that were always closest to business.

then you have someone who is fixated and focused on addressing this issue of inequality over the course of this presidency. this is a fascinating political and policy speech. >> when you're heading into a midterm does that indicate this could be a tough issue for some democrats in tough re-election battles. >> it could. this is not an issue swing voters are necessarily focused on. this is about the democratic base, social justice, issues that rile up the base. to some extent, i think the president is trying to get enthusiasm from his base. you have today and the last couple of weeks protests around the cover over the issue of minimum wage and fast food. >> timely. >> this is timely, cutting edge, coupled with a push to raise the minimum wage which appears to the base. there are political risks for the president. he's framing this as a moral issue. you have a fascinating dynamic. the super rich and the middle class, stock market all-time but poverty also at an all-time

high. >> the united states still manufacturers more than any other country in the world, something that people lose site of because of what's happened with china. it's easy to say raise the minimum wage. another thing to get it done politically. >> yes. >> isn't the real challenge finding ways to get higher paying jobs in the country. >> it is. the president did talk about insourcing manufacturing, something that was a theme throughout his presidency. >> hasn't done much, though. >> critics will take, the governors are more involved in a day-to-day basis in that job of coaxing industry to create jobs. this president has been mora to -- more rhetorical. >> my first inclination is to assume this is not going to go anywhere in congress right now because, number one, nothing does, number two, house is controlled by republicans and you're seeing obvious opposition from them. kevin mccarthy came out and said yesterday, clearly they want to -- no, that was me making my note. >> what was your note. >> my note is more important.

accusing the president of trying to change the subject, something we've heard over and over again. clearly republicans want to stay on one topic, look obama care. >> when anything happens in the world, a republican senator says this is a distraction from the real issue, which is the failure of obama care. the president would rather be talking about moral issues than the flawed rollout of his health care website. >> republicans must know or feel this issue is not good for them? >> i think it's more subtle. the president is trying to take the health care law and put it in the larger argument for what he wants to get done. it's a legacy item, a priority. the republicans are content to criticize the president on more americans being on food stamps. the question is what do you do about it? that's where the gap is fundamentally in washington today. >> i was trying to get the hash tag do better going. i would argue republicans have a big interest in this.

cultivating business and job production here is much an agenda item on their platform as it is for democrats. >> it is. there's an interesting question. what is the republican agenda for poverty and inequality. this republican will cite people like teddy roosevelt. especially when it comes from the economy, from a different progressive era, 100 years ago. what's interesting is whether the republicans will put forward their own agenda. if they're content to criticize the president, then you have a bifurcated system. this will be a divided democratic party on this issue. there will be a real split between the centrist democrats in swing states and democrats playing to the base in cities across america. >> i want to talk about that liberal base a little bit more. elizabeth warren, the freshman senator, there were rumors she could potentially be making a run for it in 2016. she came out to say, no, she will not be running.

but the fact that there's just been so much discussion about it for someone who is a relative unknown, does that -- what does that tell you? does that tell you liberals are searching for a progressive alternative. >> absolutely. this is the fundamental fault line starting to ruptures. folks on the left of the democratic party feel they've been ignored in the wake of the clinton era. they're getting their backup and looking at a couple of heroes like elizabeth warren and saying why not her for the presidency? here's the whole thing, this dynamic has been a uniform fantasy pumped up by people who would like to see that happen. she wrote a letter months ago saying she'd support hillary clinton if she'd run. >> when she came out after the banks and talked about financial responsibility and people should be held accountable for what happened, that resonated with americans that launched her. that voice needs to be mentioned

in the party today. >> she is a rock star. >> liberal democrats were looking for that voice to be hard when it came down to the banks, not just income and equality but saying who's to blame. the democratic executives have been more focused on trying to build bridges to business. the question liberals have been asking is what do we gain from that? you're going to see the schism be a source of debate over the next few years, hopefully constructive debate. >> see that schism. i have to say that slow. >> see that schism. let's talk about money. banks, it's now money time. let's get a look at the business headlines with christine romans. apple and china. >> yes, apple is working on a deal, chris, this deal for six years. it looks like it's done, sending apple shares up 2%.

apple finally signing with china mobile. they have 700 million subscribers. 700 million. twice the population of the united states. it's the world's largest carrier, china mobile could start offering iphones as early as december 18th. if you own apple shares, you could see the results today. fox selling out all of its ad space for the super bowl. the ads 30 seconds to 2 minutes. these ads sold out a month before last year. introducing the 2015 mustang. they hope it can be a breakthrough global hit, especially in china, the market everybody wants. it invented the market here in the u.s. one thing that sticks in its craw, the chevy camaro now outsells the mustang. ford is out to change that. >> mustang, i love that. >> i have to tell you.

i saw sneak pics, it looks great. amazing how they continue to blend retrowith new. >> i have a firebird. pontiac doesn't exist any more. the firebird many would argue is the best. >> that's a nice-looking mustang. >> that does something special unusual. corvette is a special car. men and women bought mustangs. that really jumped it. >> i can see christine romans rolling around in a convertible. >> with all three of her kids, that's right. >> i can only take one kid at a time. >> black fly shades, revving it up, get in the car. >> got to go check the markets! >> coming up next on "new day," a stolen truck carrying extremely dangerous materials found in mexico, suspects on the loose, so what about that radioactive cargo on board? the latest from that stunning heist. and funerals begin today for

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let's go around the world now starting in mexico where a stolen truck containing radioactive cargo has been found but what did they find inside the truck? nick parker has the story from mexico city. >> reporter: the stolen truck was found one hour north of

mexico city. mex know nuclear safety officials say a container of cobalt 60 was found about 1 kilometer away from the vehicle and had been opened. the isotope which had originally been used for medical purposes was found inside the container. officials have not yet confirmed if any was missing. officials say the material does not pose a threat to anyone at more than 20 meters away. the two gunmen who carried out the hijacking are still at large. kate? >> nick, thank you so much for that. to europe where a powerful storm is hitting the uk and coastal cities are bracing for severe flooding. matthew chance is following that from london. >> reporter: large areas of northern europe are bracing for severe storms over the next 24 hours, bringing gale force winds and flooding in some areas. forecasters in britain and germany predict winds gusting some 90 miles an hour. already in scotland, authorities

say as many as 20,000 homes have had their electricity cut off. dutch officials say more than 80 flights from the main airport in amsterdam have been canceled. as the stormy weather conditions sweep across northern europe, they are warnings to transport links across the country. >> thank you. an unexpected singer is wowing the arab world, the biggest surprise, she's american. mohammed jamjoom has more from beirut. >> reporter: jennifer grout is the all-american girl with a very arab voice. the 23-year-old has become a fan favorite on middle eastern tv talent show "arabs got talent" by swinging classic arabic songs. many think she'll win the competition outright come saturday. she tells me she's honored to be singing arabic music and hopes to continue to do so.

>> do you think that's the future of news that will be wind blown, would that help the viewing experience. >> my contacts will dry out. >> i played a lot of money for these plugs. breaking news overnight, new revelations about the nsa surveillance operations. "the washington post" says the agency, the nsa is reportedly gathering close to 5 billion records every day on the whereabouts of cell phones worldwide. by extension, the people carrying them. pentagon correspondent barbara starr joins us with more. barbara, good morning to you. please tell us exactly what they're collecting and why. well, all of this according to "the washington post" as you say, chris, apparently another revelation from edward snowden. 5 billion cell phone records, not the phone calls themselves, a day. so the next time you go overseas on assignment or on vacation and you pick up your cell phone to make a call, you better consider the fact that the nsa has a record of that call. why are they doing it? well, they say that this is part

of their overall bulk collection system. basically what they're saying is, it's not that they believe people using their cell phones abroad are necessarily tied to terrorism but due to their advanced computer programs, what they can do is look at those records and make some connections, make some ties. if there's a known intelligence target, a terrorist that they're looking at and they see that some phone records indicate phone calls had been made to this person, then they move backwards and look at where the phone calls are coming from. the problem is, of course, bulk collection, you are going to sweep up an awful lot of phone records of a lot of americans picking up their phone calls and making calls. chris? >> let's go another step on that. you're saying worldwide. i hear that, especially overseas specifically. i hear that. what about the privacy concerns of americans? what's the chance of this reaching to your cell phone here?

>> well, it's supposed to only reach to your cell phone abroad. but the nsa, let's be clear, is not supposed to be collecting information on american citizens. that is not in their per view. what they have said since the snowden revelation is yes, information on americans gets collected incidentally because they do such broad sweeps, such broad collection. you know, so there are going to be massive privacy concerns about this, people are going to be not very happy, one can only suspect, that their cell phones are potentially being monitored. look, there's another reality here. in today's world we all know if you logon to the internet, if you make a few clicks on your computer, the chances are the company your service provider, google, whatever providing, whatever company you're working with, they're monitoring you as well. they're monitoring your

movements through cyberspace. this is the new reality probably everyone should really be aware of it. >> point well made, barbara. it's growing concern for people, the more they learn about it in all phases of their life. thanks for the reporting this morning. appreciate it. >> let's check back in with indra who is looking at a whole lot of snow in minnesota. >> we have an upside to the storm, right? snow ball fights in duluth, minnesota, got about 2 feet of snow. this is what i'm waiting for to have fun in new york. the temperature versus today, 32 down to negative 4. great falls is below, negative 18 right now. this is the concern as this cold arctic air continues to push farther to the south today. with that we have a friesen rain threat already just starting to get action here. southern illinois, back in through texas will be the biggest concern, especially in through today.

by tonight it spreads farther into the ohio valley. dangerous conditions here as we talk about the potential of over half an inch of ice. power lines, that means power outages as we go through the weekend. by saturday, the first wave makes its way offshore. there is a way behind it. let's talk about what we're expecting. big story, not the rain. about 2 inches into the southeast. snow, yes, we'll see flurries from new york through texas. still not the story. let's take you to where the action is. we're talking anywhere from paducah in through just east of dallas. that's where we have the concern for the major ice storm. over half an inch of freezing rain makes power lines weigh 500 pounds. we have two waves of this coming through as we go through the weekend. here's the first guide. look for the big u"u." notice there is one almost identical to it just behind it. this guy kicks through saturday in through sunday. you're talking about power lines being down. temperatures below freezing. and a second wave coming behind

it. who knows when they get the powerback up with temperatures 40 degrees below. >> freezing rain doesn't even offer fun. it's horrible. >> dangerous in every way possible. >> thanks, indra. >> slow work until they get the lines back up. people will have to be patient. the engineer in the bronx train derailment, remember, he says he nodded off. does that make it an accident? will he face charges? we'll take you through the latest in the investigation. and check out those teeth. oh, my goodness. ever wonder what it looks like when a shark comes barreling at you with its mouth wide open? it's our "must see moment." before receiving $25 toward her balance each quarter for making more than her minimum payment on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance.

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welcome back to "new day." funerals start today for the four victims of sunday's train derailment in new york, as two surviving passengers prepare to file a lawsuit. against the railroad. now investigators are looking into possible criminal charges against the engineer on that train. cnn's nic robertson is joining us now with much more. we've been following it from the very beginning. what's the latest, nick? >> the question is was the mta, this is what the lawsuits will put forward, was the mta negligent because they hadn't provided a positive train control, a backup for the drive fehr this sort of thing happened? if it was indeed the case that he was nodding off. the other question that will be posed to the mta, should they have done more to maintain the tracks? this is what we're hearing in these suits? the families of those killed in sunday's derailment in the bronx began laying their loved ones to

rest today. linda smooth lost her sister, donna, whom she expected to grow old with. >> we'd see old ladies places and we'd be like, that's going to be us someday. that's going to be you. that's me. >> reporter: for survivors, the toll of their injuries only beginning to come to light. this morning, we are learning two passengers among the serious injured have filed a notice of claim against the commuter railroad. taking the initial step of seeking punitive damages in connection to the accident. the bronx district attorney's office launching its own probe after revelations from a union rep that train engineer william rockefeller may have nodded off at the controls just before the crash. >> he caught himself but he caught himself too late. >> reporter: prosecutors are not saying whether it could lead to criminal charges. waiting for the ntsb

investigation. >> prosecutors are most likely looking now at a charge of criminally negligent homicide, a form of manslaughter in other states. >> reporter: rockefeller's lawyer says his client had a good night's sleep before the crash. but two weeks prior, his shift changed significantly, from late to early. could be a defense. could explain why rockefeller might have nodded off. >> a jury might look at this and say, you know something, it's a horrible situation but it's a terrible accident. he had become so hypnotized by the herepetitious motion. >> reporter: >> reporter: rockfrock f rockfeller's rep and attorney say he's been very distraught. >> they are working on the positive train control, the backups, the fail safes. this is something they're

spending a lot of money on. they have planned to spend more money. they say it takes time simply because the network is so big. >> if there is a silver lining, some way they can make a change so this doesn't happen in the future, i guess that's the only thing you can ask for while the investigation continues. thanks, nick. >> let's take a look at your sports headlines with andy scholes in the "bleacher report." >> steelers head coach mike tomlin's wallet is $100,000 lighter today. the nfl fined tomlin 100 grand for getting into cobi jones way on the field during a kickoff a week ago. that's the second largest fine ever given to a coach. the steelers might have a draft pick taken away. the nfl says they're going to decide on that after the season. trending on bleacherreport.com, an nba game was canceled when power went out and the arena filled with smoke. a generator malfunctioned and caught fire. this game was in mexico city. the nba scheduled this so international fans could

experience the best basketball in the world firsthand. they'll make up the game but not in mexico. san antonio will play at minnesota. tv networks are in the middle of a heated battle, it's all over tim tebow. espn, cbs and fox are in a bidding war to sign the former quarterback as a football analyst. tebow was cut by the patriots during the preseason. he's been looking for work on the field but it appears his playing days are over. it will be interesting to see where he ends up landing. espn has the s.e.c. network launching next year and there are reports they've already built a set specifically for tim tebow. >> oh, wow. i guess you can see that fight coming at least. thanks, andy. time now for you don't "must see moment" of the day. a unique and cool video of a show, made possible by a go-pro. reportedly shot in ocean city maryland over the summer. fishermen trying to catch tuna but caught the attention of one

famished mako shark instead. the video's producer sped it up and slowed it down, added music. we're glad they did. because the affect is pretty -- that shot especially. >> look at those chompers. >> he's not getting away that time. >> no. >> he hooked that time. >> that is really cool. >> it is cool. >> gopros go anywhere. those umbrella rigs, that's so cool they were doing that for tunas because tunas are line shy. >> we're learning so much. >> the behavior of it all. >> how cool is that. >> my gift to you guys. >> thank you. >> wow. coming up on "new day," a frantic rescue is under way to free dozens of pilot whales trapped in the florida everglades. the big question of course is will they get them out in time? we'll give you a report.

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we're texans. it's 80 degrees today and the next day it will be 30. >> arctic winter blast, a winter storm whited out the areas. florida state's star quarterback finds out today if he will be charged with sexual assault. he's a favorite for the heisman trophy and he could be pulled from this week's championship game. stranded, dozens of pilot whales trapped in the florida everglades. rescue teams t s desperately tr to save them.

can they save them in time? your "new day" starts right now. >> announcer: what you need to know -- >> the challenge is to get them into deeper water. they're all swimming now. >> announcer: what you just have to see. >> i grabbed the two kids and ran back to my vehicle. if she hadn't stopped the vehicle, it could have been a real bad situation. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning. welcome back to "new day." it's thursday, december 5th. 7:00 in the east. and millions this morning are bracing for a major ice storm. the system that dumped some 2 feet of snow in the rockies and upper midwest is now getting ready to throw its next punch. heavy snow from the southern plains to the ohio valley and dangerous ice in southern states. we're going to cover every angle of this story. let's start with ana cabrera in denver. ana? >> good morning, chris. the snow here has given us a break but you can see there is plenty on the ground here in

colorado. it is a slippery commute this morning, but the biggest issue are the extremely cold temperatures. negative 13 in denver last night, setting a new record low. and only single digits for the highs today. unfortunately this is just the beginning as this arctic air mass continues to spread. a dangerous and drastic temperature plunge has millions shivering this morning across the country. >> well, the thermometer in my truck said 7 degrees when i was driving over here. it's cold. >> reporter: overnight, the mercury dipping even lower, some places experiencing bone-chilling, feels-like temps of 30 to 40 degrees below zero. the arctic blast stretching from the southern rockies to duluth, minnesota. this massive winter storm is unleashing strong winds along with heavy snow. a treacherous combination, creating poor visibility and super slick conditions. >> people started going into the ditch, losing control of their vehicles.

>> reporter: in denver, a van rolls off a deceptively slippery road. and in south dakota, a tanker truck slides off a snowy highway. the relentless pounding snow and ice, really piling up across the nation's midsection. it's a lot of hard work for residents trying to clear the driveways and sidewalks and the heavy equipment struggling to keep up across the country's interstates and highways with some spots seeing more than a foot of snow in a matter of hours. >> anybody that can't find a place to be indoors, that's obviously a real problem. >> reporter: we do know of at least one weather-related death, in minnesota, a 16-year-old girl died in a traffic accident on her way to school, because of the weather. also, the power outages now popping up here in colorado, we're learning there are more than 1,400 people without power this morning, again, in these negative and single digit temperatures. we're told they could be without

power for at least a few more hours. chris, kate? >> all right, ana, thank you so much for starting us off from denver this morning. let's get to meteorologist indra petersons who's tracking where the storm is heading. >> it looks like that dangerous weather is only going to be growing, as we take a look at denver where ana was, 14 degrees, feels like minus 20. temperatures near 80 degrees into the southeast. behind it the freezing weather. it's right in between where you look at those temperatures, that will be the concern as this cold arctic air starts to plunge into that region where we have the threat of freezing rain. notice dallas today, the threat of an ice storm is picking up where we have ed lavandera right now, taking a look at that storm that's headed your way right now, ed. >> reporter: indra, the temperatures here have plummeted dramatically in the last 12 hours. i was out here in this park in downtown dallas.

yesterday was 80 degrees. now it's much, much colder. late wednesday, city parks in downtown dallas looked more like a california coast boardwalk. >> we're texans. it's 80 degrees today and then the next day it will be 30? so people panic. >> reporter: a massive arctic air and rain is threatening to turn these scenes of paradise into this. . it seems like the dallas-ft. worth area experiences epic battles with sheets of ice and sleet crippling the region every few years, causing power outages, shutting down schools, not even leaving children with snow to play in. city officials say street crews will be available to work around the clock, using about 70 trucks to spread a mixture of sand and salt on the icy streets if needed. this ice storm is threatening a downtown dallas holiday parade on saturday and the dallas marathon on sun. slippery ice doesn't go well with marchers and runners.

the last wicked winter storm was in 2011 in the days leading up to the super bowl hosted in the dallas cowboys stadium, football fans struggled to navigate the treacherous roadways and street crews struggled to keep many roadways drivable. so they'll be watching here closely that fine line between this wintry mix and ice. as this arctic air mass moves down this way here into northern texas. we'll be watching very closely, schools, businesses, everyone wilin monitoring late into the night to see how bad it will be when everyone wakes up on friday morning. indra? >> that's the biggest concern, exactly what you're talking about. let's talk about what is freezing rain, how does this happen? you have cold air or snow way up high in the atmosphere. we talked about the temperatures in the middle zone. notice in the middle it's warmer, so the snow melts. at the ground, below freezing temperatures again, which is the danger. you're talking about anything

that falls freezing on contact, the roads, the bridges, the power lines, the limbs off of the trees breaking off, especially if you get over that half an inch mark. this is what we're looking at, in irfrom paducah to just east of dallas. that's where we're seeing the threat for that ice storm growing throughout the day today. spreading into the evening tonight and here's the worst part, yes, that first system moves offshore by early saturday. there's a second system behind it. notice here's the first system as it kicks on through. there goes the second wave just like it coming through. saturday in through sunday. you're talking about freezing temperatures, good 40 degrees below normal with a two-punch coming right behind it saturday in through sunday. michaela? >> just sounds miserable. all right, indra, thank you so much. let's take a look at the headlines right now. vice president biden trying to ease rising international tensions over china's declaration over an air defense zone. he says washington will not recognize the zone over the east china sea.

both japan and china claim to have sovereignty over the disputed region. biden will head to seoul later today. john kerry meeting with israeli prime minister benjamin netanyahu. on the agenda, discussing the deal that six world powers reached with iran. kerry will also try to push the mideast peace progress forward by offering ideas for a west bank security plan. new revelations this morning about the nsa surveillance operations, "the washington post" reporting the agency is gathering close to 5 billion records every day. on the whereabouts of cell phones worldwide. that means the nsa can track the movements of individuals and map their relationships. the agency's data base can reportedly store information on hundreds of millions of devices. walkouts are planned at fast food restaurants across the nation today. showing you a live picture outside a protest outside a mcdonald's in new york city. workers in 100 cities across the nation are expected to participate.

they're demanding greater freedom to unionize and also demanding higher wages. cnn's alison kosik is with striking workers in brooklyn. alison? >> reporter: good morning, michaela. striking workers yet to show up here at this wendy's in brooklyn. as you said, protesters outside mcdonald's in new york city. what they're demanding is federal minimum wage go up to $15 an hour. right now it's at $7.25 an hour. this movement has gained moment since the first walkout one year ago today in new york city. they say this will increase prices that will have to be passed on to consumers and will also take away jobs with many saying it could cause automation, employees will be replaced by things like touch screens. michaela? >> also agreeing that that minimum wage has to increase. alison kosik, thanks so much.

a painting by normal rockwell has been sold for $46 million. set an auction record for american painting and for rockwell himself. "saying grace" is what it's called. originally appeared on the cover of the saturday evening post, their thanksgiving issue in 1951. it was sold alongside six other rockwell paintings for a total of nearly $60 million. >> rockwell, illustrator or artist. >> both. can't you not be both? >> i think you can. i think he's more of an artist than he's given credit for. >> when your painting goes for $46 million, i think you qualify as an artist. >> rockwell had a big impact on how the country saw itself. >> absolutely.

>> not going to buy the painting, though. >> really? >> no. >> give you 60 million reasons why. coming up on "new day," 911 calls from the newtown massacre are released and broadcast. the question is obvious. should they be? a debate over the right thing to do, please weigh in. also ahead, decision day for florida state university star quarterback jameis winston. will he be charged in a sexual assault investigation? we'll be talking about it.

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welcome back to "new day." we are approaching one year since the massacre at sandy hook elementary. officials just released 911 calls made during the attack. media outleets, including cnn, were faced with a difficult choice, whether or not to broadcast those calls. cnn chose to broadcast, as did most others. is that right? given the situation and the outcry from victims and their families? the sensitivities are obvious, the zigs are difficult. let's discuss them. bringing in "time" magazine editor at large, jeffrey kluger. appreciate you being here. you wrote a very intelligent about this, coming out on the side you don't see the value, you think they should be played or listened to. explain. >> exactly. there are two competing tensions here. i believe there's a constitutional imperative to release them. i don't see anything wrong with

that. >> the law is clear. >> the law is clear. release them. they're in the public domain. the question is, is there a moral imperative then to turn away from them? that turns on what we're getting out of that. i believe if the news media forbears from playing them or if they're out there anyway, if individuals forbear from listening to them, in some way we move away from a corsoning of the culture that gets what aristotle call as if emotions. we're listening, we're feeling emotions, they're not happening to us but real people were dieing. >> two different main points there. first, you said the media move away. when does the media have responsibility have the -- >> that's an interesting question. who are we to say that other

people shouldn't have access. >> what's the line? >> the line is i believe in the reality of the internet era. everything is porous now. if cnn chooses to or not to, if time.com chooses not to or not, the point is, the information is out there anyway. if you take a moral stand and say we as a news outlet aren't going to do it but we know the information is out there and we know it's then up to individuals to do it. we simply choose not to be the vehicles of that information. >> the second part is moving away from. is that what you need to do in a situation that is too often repeated? is there anything to the value of reminding -- we do this with war coverage as well, some consideration, as two people have covered it, where we need to remember the pain because otherwise we forget the fix, we forget the issues that go into these. do you see suggestion there of value? >> it's a very good question. i address that in the story. are we galvanizing ourselves to

rise up against these. here's my thought. if we're not galvanized by virginia tech, if we're not galvanized by columbine, by gabby giffords, by aurora, we might not be able to be galvanized. if the scenes of the terrified children being led from sandy hook weren't enough to shake the sleep from your eyes a year ago, i'm not so sure hearing these acutely personal, acutely primal emotions from people who did not imagine they would one day be listened to is the one thing that's finally going to wake you up. >> i wonder does the issue become how you use them? i say that for two reasons. you mention the zapruder clip of john f. kennedy getting shot. interestingly, you use it as an example of something not to watch. i would argue it makes the opposite point, the 911 calls, do they add value to a situation we already understand?

arguably, no. that film i would argue, yes, because it is the best representation of something that maintains mystery. but that's more of an academic conversation. >> right. >> i think that there is something to be said here about how you use these tapes, because of exactly what you said. i have found the same three elements are introduced in almost all of these massacres. unfortunately, we've had the opportunity to cover all of them since columbine. >> that's right. >> access to a gun. well tread ground, the polls move up and down. the country has to find its own balance. mental health and management or mismanagement. huge, still affecting families, but almost always involved in these situations. >> sure. >> yet does not get approached with any real thought of change. and then the cultural messages. >> yes. >> glorification of violence, that this is a way to exit this world and people will remember you. >> yes. >> how do we take those on if we

don't harness the strength of the pain of the situations that we are forced to endure? >> again, i think we do see the pain. i think we do -- we do appreciate the pain. i found more pointian the than hearing these tapes, seeing the 26 paper -- handmade paper angels last year, that scene, that photograph still brings tears to my eyes. human beings are moved by evocative images and experiences. there are ways to be touched and to be moved by that. i'm simply not so sure that the wiristic look into the real world terror who may have had 30 seconds to live is necessarily the best way to look at it. >> last point to touch on something. the media. why we're having this discussion. i like that we're having this discussion. >> i do, too. >> i think the media should have this discussion a lot more often about sensitivities involved and

about the worth and the tone that it takes and the tone that it allows. but it doesn't and that makes me suspicious. why are the messages from the networks so carefully parsed? do you believe this is sensitivity or fear of reaction of the audience. >> i think it's both. i think people really do agonize over this. as soon as the tapes were released we had a robust exchange of conversations and e-mails at time.com. what's the right thing to do? at cnn, nbc, time.com, these really are people of goodwill, many of whom are parents of small children who really are agonizing over what is the right thing to do. >> if the numbers pop with the places that put them out today, if the numbers pop, what do you think happens tomorrow? >> if the numbers pop, i think it's not necessarily the more cynical quarters but the more pragmatic quarters of all -- >> of those outlets.

>> the people have spoken and we're justified in having done this. whether we're morally justified is an entirely different question. >> that's probably the most central question for the media. >> it's a vague question. >> do you go by what you want to watch? the answer is that's ratings but is it responsibility? >> exactly. >> the piece is great. thank you for the perspective. >> thank you for having me. >> kate, over to you. >> chris, thank you. coming up next on "new day," the moment of truth. will be the quarterback of the number one team in college football face a judge and jury for sexual assault? and what will it mean for the championship game this weekend? plus, are we looking at the end for troubled toronto mayor rob ford? the shocking new information allegedly involving gang members and blackmail. every day we're working to be an even better company -

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welcome back to "new day." it's 25 minutes after the hour. here are the stories making news. millions of people are digging out this morning after heavy snow falls in the rockies and in the upper midwest. in some spots temperatures are dipping down to 40 below. six deaths already blamed on this bitter cold. heavy snow is also forecast from the plains to the ohio valley. meanwhile, texas, arkansas and oklahoma are bracing for a major ice storm. now to that deadly train derailment in new york. transportation officials say the metro north train was equipped with a warning device that could have alerted a dozing engineer but was at the other enof the train. funerals will begin for the four victims of the wreck. we have learned two passengers who survived have filed a notice of claim against the railroad.

the first step in a negligence lawsuit. a lockdown at wingate university in north carolina has been lifted after a shooting near the school killed two and injured another. an investigation is under way. no students or faculty are believed to be involved in this incident. the identities of the victims have not yet been released. hackers have stolen roughly 2 million e-mail and social media passwords and user names. a new report from a cybersecurity firm says an untold number of computers were hit with mal ware affecting accounts with google, yahoo! and many others. florida police have released surveillance video the moment a miami heat player was robbed at gun point. roger mason jr. was with his sister at a restaurant when four gunmen stormed in, allegedly stole a diamond rolex watch from the basketball player.

two of the suspects have been arrested. the other two are still on the loose. an undercover dea agent is being hailed a hero this morning. he saved a family from a burning truck. harold hurley noticed flames coming from a truck's exhaust. he turned on his emergency lights, got the truck to pull over with seconds to spare, inside that vehicle a mom and her four young children. the kids were all in car seats. hurley help them all get out before the truck was engulfed in flames. quick thinking, quick action. >> look at those flames. my goodness. >> terrifying. well done. >> thanks, michaela. >> you're welcome. florida state is the number one college football team in the nation but their star quarterback and heisman trophy favorite jameis winston may be facing sexual assault charges today. the alleged victim says she was rained but the freshman quarterback says their encounter was consensual. john berman has more on this story. >> the state attorney on this case announced he's holding a 2:00 p.m. news conference today

to announce his findings. a lot of legal voices will tell you, if there was going to be an arrest, it's the arrest that would have been announced instead of a planned news conference. there's a great deal that hangs in the balance here, not just football for but the future for a young man and a young woman. >> reporter: a controversial criminal investigation that has rocked college football. florida state attorney willie meg says he will announce today whether florida state quarterback jameis winston will face charges for the alleged rate of a fellow student. right now, winston is the overwhelming favorite to win the heisman trophy. just yesterday, the freshman was named acc player of the year, the first underclassman in conference history to earn the title. >> i'm just focusing on the acc championship this week. we have to prepare for this week. that time will come. >> the seminoles are headed to the acc championship game against duke. >> we accomplished our regular season goal of being undefeated,

becoming state champions. now it's time to become conference champions and then, lord willing, we become the big man on top. >> reporter: if winston is charged, he could spend game day behind bars. florida state university has been reluctant to address the accusations with officials saying they cannot comment on an open investigation. >> he's already answered that question on numerous occasions. >> reporter: the alleged assault was first reported last year. the accuser claims winston raped her at an off hiv c-campus apar last december. but his attorney insists the sex was consensual and winston is innocent. he said the quarterback will hold his own press conference after the state makes its announcement. >> he would like to put closure to this so he can move forward for the acc and a potential national championship. that is our goal. if mr. megs chooses not to

charge. >> lots to talk about here. john is here and let's bring in joey jackson, hln legal an sift, to talk more about this as well. there's two parts to this. let's focus on probably the most important part, exactly what happened, not the sports element of this. joey, what do you think about this case? >> interestingly enough as john mentioned earlier, i would think if there was going to be an arrest that's what where the focus would have been. what it comes down to is the issue of consent. was it consensual or is it not? there's no mystery to identity. there's a dna sample that apparently matches him. it's a matter of the investigation, you speak to different people. if there are any, with regard to what they witnessed it, was there a time line of that evening? what were the events that led up to it? was there any force, what ended up happening. >> the time line is a bit of a mess in this case. >> in some regard what happened from the incident report does

seem to indicate, kate, that it happened december 7th, a friday. >> last year. >> of 2012. >> we're not at december 7th. >> between 1:30 and 2:00 she's alleging that it took place. of course it was reported at about 3:30. it seems to me that the report was made pretty much right after it occurred as to the identity of her pointing him out that it was him, that didn't happen until january. >> a month thereafter. >> after that, dna evidence was not collected until ten months later. >> sure. >> on this case and just last month it was handed off to the state's attorney to take it up. >> interestingly enough, let's be clear about this, her family, kate, her family, that's the victim's family says make no mistake about this, this was a rape plain and simple. at the same time, of course, you have, you know, the star football, the athlete, his attorney saying are you kidding me? this is about consensual sex. there's nothing improve about that.

this investigation needs to be concluded, which it has been and he needs to be fully exonerated. >> the state attorney, that shows priority, right? that's unusual. the state attorney taking on this case. what do you make of the dove tailing and timing here of, one, it took a long time by standards of this time of case and it's coming out close to these crucial events. >> monday is the dead lien for the heisman trophy voting. >> in heisman voting, it's not just what happens on the field. >> it's not football. it's character and everything else that goes into that vote there. people think this could be crucial. >> it goes without saying this is blockbuster in the college sports world. >> number one team in the country, the best player on the number one team in the country. that's the sports angle. again, there are people and lives here. >> why do it now? >> you know what, chris, i think there's a great reason to do it

now. if there's something that happened and there are criminal charges, he should be held responsible. also, if he should be cleared, it should not affect the voting for the heisman. if he did it, hold him accountable. if he didn't, let him move on and have his athletic career back. that is the timing that's very important. >> can we talk about it, again, we don't know this, let's talk about the alleged victim in this situation. >> sure. >> if charges aren't filed, what recourse -- is there any recourse she has. >> there could be, michaela. what ends up happening you have criminal recourse, of course, which her family would desire. she's alleging this happened to me and i want justice. at the same time, if there's no criminal prosecution you have the civil remedy. that is he could be sued as a result of an attack which she alleges occurred without her consent and they could take it to civil court which becomes a monetary issue as opposed to an

imprisonment issue. this is a second degree felony which carries 15 years. this is serious. there are aggravators, if you could show it was coercive, forceable, that could aggravate it to make it 30 years. this is a huge, huge deal. >> the final point, the future here in terms of -- >> florida state has a policy, if you're charged with a felony, unless there are extraordinary circumstances you're not allowed to play. if he is charged today it would be highly unlikely you'd see him on the field this season. >> just charged. does not mean that you'll be found guilty of a crime. >> great point, chris. it's about due process. when people are charged, just like the victim, she's entitled to make her accusation. if it's true, there needs to be accountability. just an accusation does not mean guilt, as you point out. >> this is an unfortunate set of circumstances anyway it comes out. if the allegations are true, we know which road it goes down. if they are untrue, no charges, it comes out later, is he still

colored by this? you have to believe the answer is yes. you can't unring the bell. >> that's the problem. in the event it's not true, it's something that follows. >> or that there are no charges. even if it comes out where it's untrue -- which is unusual, it tornadoes out that the allegation is recanted, it's rare but still, the reputation is what it is. >> there will be some announcement today, 2:00 eastern. john, joey, thank you. coming up on "new day," wiretaps, extortion, even gang affiliations, new revelations in the bizarre world of toronto mayor rob ford. will this be the final straw? the final cry for help? also ahead, time is quickly running out for some stranded whales, dozens of stranded whales in the florida everglades. the frantic efforts to save them is happening right now. we'll go live to the scene. is this the bacon and cheese diet?

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♪ as we go along walking in a winter wonderland ♪ let's get a check back in with indra. the music says it all. a winter wonderland. >> we have a warm front that's been kicking through the region, bringing us light showers into the northeast. temperatures in the 50s. which we have to enjoy, because i want to show you what we are expecting, as we go through this weekend. let's talk about the three-day temperature drop. pittsburgh, 61 expected today.

saturday, 20s expects. the system continues to push farther to the south and the east. biggest concern today, we've been talking about this, is the freezing rain threat. the evening hours tonight, we talk about that threat of freezing rain from solution -- excuse me, southern illinois back in through east of dallas. with that, that threat continues to grow as we go in through the weekend, even spreading into the ohio valley, stays with us all the way through friday evening, exiting offshore by saturday. but that's only the first wave of this. let's talk about this first wave. rain not the story but in the southeast where it's warm, 1 to 2 inches of rain expected. we talk about snow, we'll be talking about pretty much the heaviest snow through the midwest here. but it's the freezing rain. that will be the big concern. we're talking anywhere from paducah to east of dallas, the threat of over half an inch of freezing rain. with that, we're talking about the threat of those power lines coming down and power outages as

we go through the weekend. here is the key. i want you to notice, this is the first storm, take a look, because i'm going to throw you into the second storm. you can almost barely tell a difference. we are talking about two waves of this energy kicking on through with arctic blast temperatures. we're talking about freezing temperatures and possibly no power. chris and kate? >> indra, thanks for tracking it for us. toronto's crack-smoking mayor, rob ford is in even deeper trouble. the question is is he closer to getting help? new documents suggested he used marijuana, and heroin, that he hung out with toronto gang members and suggests he tried to buy the cell phone video showing him taking the drugs. jean casarez joins us now. how do we know about this? and is it true he tried to buy the video. >> this appears to be an amazing coincidence. let's start from the beginning. the toronto police were trying to launch a probe against a gang in toronto that dealt and sold drugs.

and so what they did was they went to a judge to get a wiretap, of course, a search warrant, right? the judge grants them that search warrant. all these phones are tapped. 59 phones were tapped. they start listening to the conversations with the alleged drug dealers. all of a sudden they start talking about the mayor of toronto. they find that the mayor of toronto may be involved with this drug gang, at least purchasing drugs from them. one of the headlines from these hours and hours of tapes on march 27th, one of the gentlemen, abdi, was talking about this video, the mayor's name was not mentioned but police believe it was that video that we've all seen. the video that shows him smoking -- taking drugs. and so the alleged drug dealer is saying, you know, he offered me $5,000 and a car for this video. and they were being sarcastic, that it's worth so much more, so mohammed, another challenged gangster, said i'm going to go

to him and get $100,000 to $150,000 for that video. that was the beginning. then in may is when the video was released. >> ironically it's bad for the mayors, bad for these guys, extortion, add to the charges for them. it all winds up going towards what this picture says for this man. is there any indication the pressure is getting to the point where he is going to seek an exit, seek help, do what obviously needs to be done. >> that's the question left to be answered here. we do believe he'll do a radio interview today, a previously scheduled radio interview. we'll see if that's canceled or not. the devil is in the details, of course. anything can be said. the police are looking for corroboration and prosecutors are looking for that. there could be major charges that come from this. >> unfortunately, sometimes it takes the criminal justice system to make somebody see they have a problem and give them a harsh alternative to go one way or another. >> april 20th, that's a critical date, a date that the mayor's cell phone was stolen.

we don't know exactly why because they already had that video but it was the day he told his entire staff i've lost my cell phone and it was in the hands of those alleged drug dealers. the video corroborates what that phone call said about we have a video and we'll release it if we don't get money. >> thank you very much for the details. >> thanks. to florida where there's a race against the clock to rescue stranded whales in that state. dozens of pilot whales are caught in shallow waters off everglades national park. where have already died and experts say the outlook for the rest of them is not looking good. cnn's john zarrella is there with the latest. what are you hearing, john. >> reporter: the u.s. coast guard joined this effort. there is a cutter out there to enforce a perimeter around the whales as well as some more smaller coast guard vessels to help in the effort as well. but as you mentioned, it is not looking good and time is running out. from the air, the pilot whiles

look like black pearls spread over the blue-green waters of the gulf of mexico, surrounding them in boat, rescuers, biologists, everglades national park rangers and volunteers. the whales have been stuck in shallow water for at least two days now. the outlook is not good. >> there isn't a whole lot we can do. we tried this technique called herding. you can imagine what that is, trying to get the boats around them and nudge them out by sound or moving them around. it wasn't effective the first round. last i heard they were trying a second time. >> reporter: from the water we could see the rescuers trying to herd the whales, keeping them from heading to the beach where some have already died, moving them toward deeper water. wildlife officials say there were about 50 whales that stranded themselves. biologists say they don't know why. >> there may be hope they are moving away from that area. the challenge is to get them to go out into deeper water they're

all freely swimming now. >> reporter: the frustrating park is the whales keep circling back. if the whales can't or won't make their way back into deeper water, rescuers say it's only a matter of time before they go into stress and their bodies begin to shut down. at that point they have to be euthanized. >> reporter: some are already exhibiting signs of distress. how much longer they can survive, no one is sure. the rescuers will remain out there until they're saved or all hope is gone. now, the dilemma, of course, is these whale pods are like families. they are families. when some of them are in distress, stranded on the beach and die like those have already done, these other whales that are out there are very, very reluctant to leave. chris, kate? >> as you said, exhausted all the same. thank you so much, john, for the update. >> it's horrible to see them there. >> there's not much they can do. >> they'll keep trying. you get lucky. sometimes they find their own

way. we'll keep watching that up for you. and nigella lawson become on the stand a day after testifying about her drug use. it's a trial that's becoming more about her personal life than the actual case itself. we'll fill you in, going to london live. en. just like yours. [ male announcer ] you'll think it's homemade. i love this show. [ male announcer ] try campbell's homestyle soup. [ male announcer ] you'll think it's homemade. (announcer) at scottrade, our cexactly how they want.t. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade. because i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade-proud to be ranked "best overall client experience."

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if you are a new parent or a parent at all we have a few new parents in the studio, a northern california couple has given birth to a rare set of identical triplets conceived without the help of fertility treatments. they were born november 22nd in sacramento and said to be doing

very well. doctors tell the "sacramento bee" the odds of having identical triplets without fertility triplets would be? >> 1 in 100 million. >> you're not supposed to read the notes. >> that's my guess, am i right? >> 1 in 100 million. those parents have got a lot of fun on their hands. >> look at those three. >> healthy babies, nothing better than that. you know what they're hopeful, we have twins in our family, we'll put them on the same schedule, it's not going to happen. it's more to love. they have a whole family in one shot. >> exactly. they're one and done. >> one and done. "celebrity chef" nigella lawson is back on the stand. she admitted to using cocaine when she testified at the fraud trial of two former assistants. today she's facing even more tough questions, however. cnn's erin mclaughlin is in

london with the latest. >> reporter: good morning, chris. the defense continuing to grill nigella about her cocaine use and reluctance to appear in trial. she responded saying she'd rather be honest than "bullied by lies." this trial has been full of personal allegations against the celebrity chef and her former husband, charles saatchi. for a second day, nigella lawson is surrounded by the media in a trial that was not supposed to be about her. two of her former personal assistants are charged with fraud but lawson claims the case has become a witch hunt, a trial in which she has no counsel and she says no rights. on wednesday she testified about her alleged drug abuse saying that she is not a drug addict, though she admits to using cocaine during two separate life phases first, when her late

husband was diagnosed with terminal cancer and then again in july, 2010, when she said then husband charles saatchi subjected her to "intimate terrorism." "i did not have a drug problem" she said, "i had a life problem." she certainly has problems with saatchi. she testified he threatened to destroy her if she did not appear at the trial and clear his name. her parents to the art collector broke down earlier this year after aan infamous argument outside a trendy london restaurant, photographed with his hand around her throat. saatchi was later cautioned by police, for the first time lawson talked about what exactly happened. she testified the argument was about a comment she made when she saw someone walking by with a baby. "i said i was looking forward to having grandchildren" she told the court. he grabbed me by the throat and said "i'm the only person you should be concerned with."

saatchi testified friday he was holding her head by the neck to make her focus. he didn't say why. >> nigella becomes this great international success with her tv show in america, whether charles goes back to being a great art or pr guru this is the only thing people will go oh, that's why i know them. sad, but true. >> reporter: questions remain as to how all of this will affect lawson's career. she is due to appear for a second season as a celebrity judge on the abc show "the taste." chris and kate? >> erin, thanks for that. coming up next on "new day," tracking the winter storm heavy snow, dangerous ice and arctic temperatures taking over parts of the country and it's just getting started. is it coming your way? we'll have the latest track. and all across the nation, fast food workers are walking off the job, demanding a livable wage. we'll hear from workers in a live report. [ male announcer ] this is jim, a man who doesn't stand still.

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-- captions by vitac -- www.vitac.com anybody that can't find a place to be indoors that's obviously a real problem. >> freezing point, a dangerous ice storm making its way south after dumping heavy snow across the heartland. we will show you the points south and east in the path. fast food workers across the nation staging hundreds of walkouts. they want higher wages. will that money come from your pocket? jailed for a joke, we'll speak with a family live about their desperate efforts to free their brother. >> your "new day" continues right now.

>> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning, and welcome back to "new day," thursday, december 5th, 8:00 in the east. the next round of extreme weather expected to be a major ice storm across the southern plains into the ohio valley and temperatures dipping to 40 degrees below average for many places across the country. we're covering this story like no other network can. let's start off with ana cabrera in denver. >> reporter: good morning, kate. it is looking like lots of snow and really cold. you can see really colorado is totally covered in snow this morning. the roads slick as people are getting going in their commute and then we've got those bone chilling temperatures, so cold in fact denver hit a record for december 4th, hitting negative 13 degrees last night and we're only going to see single digits for highs today.

this is just the beginning as this polar express continues to spread. a dangerous and drastic temperature plunge has millions shivering this morning across the country. >> it was 7 degrees as i was driving over here so it's cold. >> reporter: overnight the mercury dipping lower, some places experiencing bone chilling feels like temps of 30 to 40 degrees below zero. the arctic blast stretching from the southern rockies to duluth, minnesota. this massive winter storm is unleashing strong winds and heavy snow, a treacherous combination, creating poor visibility and super slick conditions. >> people started going into the ditch, losing control of their vehicles. >> reporter: in denver a van rolls off a deceptively slippery road and in south dakota a tanker truck slides off the highway, the relentless snow and

ice piling up across the nation's mid section. it's a lot of hard work for residents trying to clear those driveways and sidewalks and the heavy equipment struggling to keep up across the country's interstates and highways with some spots seeing more than a foot of snow in a matter of hours. >> anybody that can't find a place to be indoors, that's obviously a real problem. >> reporter: and sadly we've learned of at least one weather related death a 16-year-old minnesota girl died after hitting slush and losing control behind the wheel. we have some good news, the power outages reported about an hour ago here in colorado, some 1,500 people who have lost power for a few hours overnight that power is just restored within the last 15 minutes. chris? >> ana, thanks for the update. we know where the storm is. the big question of course, where is it going? meteorologist indra petersons has that. what do we know? >> in the last hour we started seeing reports of freezing rain

right around cycle so here we go, let's talk about why we are talking about the threat for freezing rain, it's all about the temperatures, notice we're seeing temperatures up in the 70s ahead of the system. behind the system below freezing, where we would see snow. st. louis is right at 33, that we have this threat to start seeing freezing rain especially as this arctic air continues to plunge farther down to the south, dallas spreading right around through st. louis we have this threat of an ice storm which is exactly where we find ed lavandera right now knowing that the system is heading right in your direction. >> reporter: boy, indra, here people are bracing for the worst, waiting to see exactly what this winter storm is going to bring but around the region, north texas crews are preparing for the worst and it could be a messy situation on the roadways later in the day. late wednesday, city parks in downtown dallas looked more like a california coast boardwalk.

>> we're texans, it's 80 degrees today and the next day it's going to be 30 so you never -- people panic. >> reporter: a mass of arctic air and rain is threatening to turn these scenes of paradise into this. it seems like the dallas-ft. worth area experiences epic battles with sheets of ice causing power outages, shutting down schools, not even leaving children with snow to play in. street crews will be available to work around the clock using 70 trucks to spread a mixture of salt on the icy streets if needed but this potential ice storm is threatening two major events, a downtown holiday parade saturday and the dallas marathon sunday. slippery ice doesn't go well with marchers and runners. the last wicked winter storm was in 2011 in the days leading up to the super bowl hosted in the dallas cowboys stadium. football fans struggled to navigate the treacherous

roadways and street crews struggled to keep many roadway its drivable. so today will be about squeezing in the last-minute preparations as the storm barrels toward the north texas area as schools and businesses will be closely monitoring the situation after figuring out what to do friday. come friday morning as cold as it is now it will look a lot different around here, that is the expectation. >> definitely a scaring thought. let's talk about what is this freezing rain search talking about, how does it form? i showed you the temperature contra contrast. up in the sky we had snow, once it enters the warm air in the middle of the atmosphere it starts to melt but at the surface freezing temperatures again so with that you have that huge danger of whatever falls freezing on contact so you're talking about the roads, the bridges, the trees and most importantly those power lines and we always talk about the threshold of a half inch i'll keep saying it, when a power line weighs 500 pounds, power outages through the weekend for

any area over half an inch, paducah, going back to just east of dallas, that's where we're looking for the threshold of the ice storm. many places outsued a possibility of a quarter inch. this is just one of the two systems making their way across. this is the first one we're dealing today. exits off to the east coast saturday morning, another system on its tail end will be impacting the exact same region saturday and sunday. chris and kate in. >> thank you, indra. if you are looking for a fast food fix today you might have to cross a picket line to get it. workers in 100 cities are staging walkouts today and they're demanding what they call a living wage. cnn's alison kosik is in brooklyn looking at where you are, where a large protest is expected today. >> reporter: exactly, kate, all is quiet at this wendy's in brooklyn but a different story over at mcdonald's earlier this morning, in new york city, so this is just a taste of what you could see happen across the country today as thousands of

fast food workers are expected to walk off the job. it's a growing movement, workers banding together, fighting to raise minimum wage. today is billed to be one of the largest strikes in a series of walkouts, with protests planned in nearly 100 cities across the country. thousands of fast food workers gathered in nearly 60 cities coast to coast, in new york and chicago, fired up protesters swarmed mcdonald's restaurants trying to persuade their fellow workers to join them in their fight. >> living on $7.25, you cannot do it. >> reporter: many fast food workers making minimum wage are struggling to get by. >> you couldn't even pay your apartment, buy food. >> reporter: eduardo lost his job a few years ago. now 58 with two children headed to college, he works at kentucky fried chicken in new york earning $7.25 an hour. he also works a night shift as a

forklift operator at kennedy airport. >> it's tough. real tough. i can't do none of the things i used to do. >> reporter: median pay for fast food workers is $9 an hour or $18,720 a year, well below the census bureau's poverty line of about $23,000 for a family of four. >> workers are taking these jobs because they are desperate in an economy that is still not creating enough work for people who want to go to work and still not creating enough middle class jobs or jobs that have a ladder to the middle class. >> reporter: the president is paying attention to the issue, calling for a raise in the federal minimum wage. >> it's well past the time to raise a minimum wage that in real terms right now is below where it was when harry truman was in office. >> reporter: and now there's a growing trend where six out of the ten fastest growing jobs over the next decade will be low wage jobs, michaela, and that's

why you're going to see this push for higher minimum wage, that push is really gaining momentum. >> folks struggling to make ends meet, alison kosik thank you. breaking news, pope francis is assembling a panel of experts to advise him about protecting kids from sexually abusive priests. he said they would look at closer programs to protect kids, better screen priests and train church workers. vice president joe biden in south korea this morning, he held intense meetings with chinese leaders in beijing over their newly declared defense zone. biden telling china's president america will not recognize the zone over the east china sea. secretary of state john kerry is in the middle east this morning, earlier he met with israeli prime minister benjamin netanyahu in israel discussing the nuclear deal six world

powers reached with iran, kerry is trying to push the mideast peace process forward by offering ideas for west bank security plan. he is set to meet with palestinian leader mahmoud abbas today. the nsa gathering nearly 5 billion records a day on the whereabouts of cell phones around the world, including those blogging to some americans abroad. "the washington post" reported that the documents provided by edward snowden detail how the data base tracks people worldwide and map out their relationships with others. what a story to tell, this is newborn kingsley johnson, couldn't wait to arrive in the world. this is video mom took minutes after she gave birth, her husband had been driving her to the hospital in edmond, oklahoma, when detectives in an unmarked car pulled them over for speeding. their timing was perfect, they had the honor of delivering little kingsley, stylishly outfitted, mom and baby are said

to be doing great. what a story. what an arrival. he's like i am coming now, people. >> congratulations. >> i am coming now. >> he was trying for an escort to the hospital i think. >> absolutely and he got it. >> he did. coming up on "new day," question of the day, should the 9/11 calls from the new town massacre be broadcast? some families of victims say it will only reopen old wounds. others say it may help the healing process. we have a live report next. and desperate efforts to free an american man jailed in the united arab emirates. his family says it's over a parody video he made with his friends. we'll talk with his brother and sister live coming you. [ female announcer ] right when you feel a cold sore, abreva can heal a cold sore in as few as 2 1/2 days when used at the first sign.

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welcome back to "new day." it's almost one year since a gunman killed 20 children and six staffers inside sandy hook elementary school in newtown, connecticut. the 911 recordings were just made public. after a lot of discussion cnn decided to air portions of the calls because we believe as a network they are newsworthy particularly in how they shed light on heroic response from the school's staff and first responders. immediately after you'll hear from the families of newtown victims some who listened to the calls found solace in them and others refused and said they never wanted them released. what we're about to play could be tough to hear. first here's cnn's deborah

feyerick. >> reporter: the first call from the school secretary giving insight into how the shooter adam lanza began his rampage. >> reporter: seven 911 calls were released. they captured the fear and quiet urgency of those inside, and the professionalism of the police dispatchers. one woman shot in the foot crawled into a classroom where several children hid near a bookcase. >> try to apply pressure, okay? we have people coming, okay? >> uh-huh. >> all right. is there any other teacher with you in there or just students? >> no, there's two other adults in the room with me. >> all right, are they right next to you, where are they in

the room? >> no, they're over on the other side of the bookshelf. >> okay. all right, are you okay right now? >> for now, hopefully. >> reporter: according to a report by the state's attorney that teacher and the students in that classroom survived. it was custodian rick thorne in a different part of the school who became the eyes and ears for a police dispatcher. >> i'm down the corridor. >> all right i want to you take cover. jen, get the sergeant. all right, get everybody you can going down there. all right, let me get some information from you. what makes you think that? >> the front glass is shot out, it kept going on. >> okay. >> i'm on the line with a 911 call -- >> it's still happening. >> all right, what about the students in the front of the building -- >> everything's locked up as far as i know. i'm not in the front. >> all right, you're in lockdown. >> yes they're in lockdown. >> at one point the custodian is

confronted by responding police officers. >> custodian, tus codian. custodian! custodian. >> he relays information between the officers and the 911 dispatch dispatcher. i'm on the phone with dispatch. victims in the building. >> how many? >> how many? >> two down. >> two down. >> what becomes clear from the released audio is how police in the school responded. no apparent chaos, just calm determination to deal with the unimaginable. deborah feyerick, cnn, new york. >> new town officials and families of the victims fought successfully to block pictures of the crime scenes from being released but some also fought to keep those 911 recordings from being made public. cnn's pamela brown is here now some reaction from the families of the newtown victims.

good morning. >> good morning to you, kate. we spoke with several newtown families who had very strong reactions to the 911 calls, one of the victim's relatives told us the recordings helped her make sense of the details in what was a senseless situation. others we spoke with said they are opposed to the 911 calls being made public saying releasing the audio only pours salt into the wound. >> i have no desire whatsoever to hear the slaughter of 26 people including my 6-year-old boy and i can't imagine why anyone else would want to hear that as well. >> reporter: nicole hockley is bracing for the one-year anniversary of the death of her son, dylan, a first grader killed inside sandy hook elementary school. hockley also faces the fear of hearing the 911 calls placed from inside her son's school during the shooting spree. even not hearing them do you feel like it opens up wounds just knowing that it's out there? >> yes, because i don't know if i'm going to turn on the radio one day or turn on the tv one

day or be googling on something and just happen to come across them by accident. >> reporter: hockley is one of many who fought to keep the 911 calls confidential but the town released the nearly 18-minute recording wednesday after a court ruling. the judge in the case says not releasing the calls serves to fuel speculation in our law enforcement officials. >> i did listen to them. >> reporter: neil haselin lost his 6-year-old son, jesse. while he didn't want the calls released he felt compelled to listen. >> i felt it was something i needed to do or wanted to do, just to know. you know, jesse was my son. i brought him into the world. >> reporter: some victim's relatives like the daughter of slain principal of dawn ho hocksprung said it helped paint a picture of what happened that day. there is nothing on the recordings that violates the

victim's privacy, she said, the public has the right to know. one thing the victims families stand united on, continuing on their loved one's legacy. >> i prefer to see it in a person that is going to help prevent future violence in this country. >> i guess if i had one wish, i wish that everyone could, you know, just do an act of kindness or try to do a good deed and remember the tragedy and the victims and in honor of sandy hook elementary schoolchildren and the teachers. >> and some of the families with he spoke with say the timing of the release of these 911 calls is especially difficult, considering it's the holidays and the one-year anniversary is right around the corner but kate, they also said they hope if there's any good that can come from this it will bring more attention to their causes such as sandy hook promise.

>> thanks for that perspective. chris over to you. all right, kate. coming up on "new day" an american man imprisoned in the united arab emirates, his family says it's over a mockumetary him and his friends made. and the desperate battle to keep dozens of pilot whales alive. we'll take you to the scene in florida. my asthma's under control.

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welcome back to "new day." time for the five things you need to know for your new day and we begin with the bitter arctic blast not letting go.

its next punch a snow and ice storm expected to stretch from the southern plains to the ohio valley. fast food workers in 100 cities staging a walkout today, their demands? higher wages and greater freedom to form unions. secretary of state john kerry is in the mideast this morning, he spoke with israeli prime minister benjamin netanyahu about security and the landmark deal under iran's nuclear program. later he'll go to the west bank. house democrats are talking obama care with kentucky governor steve bashir today, part of the white house's new push to sell the health care law. bashir's state is considered an obama care success story. how about this at number five an early working draft one of bruce springsteen's biggest hits going up for auction today, it is the handwritten lyrics sheet to "born to run." it's estimated to bring in $70,000 to $100,000. we always update the five things

to know so go to newdaycnn.com for the latest. kate, over to you. >> thanks, michaela. a desperate effort is under way to save an american man being held in abu dhabi. shezanne cassim and his friends arrested over a parody video they made and posted online. here is more of the story. shezanne cassim is behind bars in abu dhabi for this. >> home of the deadly satwa gs. >> reporter: a parody video the 9-year-old from minnesota posted online. in it, he pokes fun at a clique of teens trained in a fictional combat patrol to control the streets of dubai. the 19-minute video begins with a disclaimer explaining it's fiction, portraying themselves as wanna be gangsters, you can see cassim he and others throw shoes as weapons and use cell phones to call for backup.

cassim who has worked in dubai for seven years as a business consultant has been in jail since april because of the video. he was interrogated and arrested in dubai before being transferred to a maximum security prison in abu dhabi. his family says it was five months before he was notified of the charges against him. authorities in the united arab emirates claim the comedic video violates cyber crime laws and poses a threat to national security but cassim's family says they haven't been told why the video endangered security and they say the law wasn't passed until after the video had been released. two bail attempts rejected, his next court date is december 16th. >> we don't know what's going to happen and that's the difficulty here. there's no predictability to it. there's no end in sight. it could end tomorrow. it could keep going as it has been, postponed week after week after week after week. >> reporter: his family continues to plead to the u.s. government for help. >> what i think we need to do is to call attention to this so

that the united arab emirates steps back and looks at this again and expedites his case so that there's justice for this young man and his family. >> reporter: officials in the united arab emirates did not respond to cnn's requests for details about the charges cassim faces and why. joining us now is shervon and shalli, brother and sister of shezanne. thank you both for coming in this morning. >> thanks for having us. >> of course. such a difficult time for your family. your brother has been behind bars now for months. when was the last time you heard from him? >> we got a phone call from him just this morning when he was able to get a phone call out. >> and what did he say? how is he? >> he tries to put on a brave face. he said that he was doing fine, not to worry about him, but i could sense a growing anxiety in

his voice and i can just sense that he is a little depressed and he's -- my impression is he's going just a little bit crazy in his cell. >> shalali, what does your brother make of all of this? >> he doesn't understand it, just like we don't. it's just made no sense to any one of us. >> reporter: of course i'm sure you have asked him, why did he make the video? what was the point of it? >> it was just for fun. he's a big fan of sketch comedies. he's a big fan of "snl" "funny or die" all those shows and he and his friends wanted to make a funny sketch comedy in their spare time. >> i watched the video and people should go online and they should look at themselves, it is an innocuous video especially looking at it from hour pe perspective in the u.s. you know now more than ever when you're abroad you're subject to local law and local customs.

does your brother believe he has done anything wrong? >> no. there was no indication in local law that making a comedy video, making fun of teenagers in the suburbs was a threat to the uae's national security. >> and shalali, what are you hearing from u.s. officials in the piece setting up this interview we heard from senator amy klobuchar who said we need to raise awareness and keep his name in the headlines to draw attention to this. are you getting enough help? do you need more help from u.s. officials? >> the more help the better, obviously. it's been eight months, and he's still in there, so any help that we can get at this point, any support that we can get to help raise awareness at this point would be very, very helpful. >> and shervon if you could talk to officials in the united states and especially in the uae, what would you say to them?

what do you want them to know? >> that this is such a silly situation. we just don't understand why it has gotten to this point. young man makes a stupid comedy video, gets thrown in jail for eight months. surely, you know, it shouldn't have gotten to this point, so please, let's do what we need to do to get this over with. >> you call this a silly situation and your mother has said that she wants her son home for christmas. i know you share that same sentiment for your brother. is there anything giving you hope at this point, because from everything i've read, it is one delay after another in an already unbelievable situation. >> we have very little hope at this point, kate. it's been like this for eight months. for the past eight months we've hoped the next day is the day that shez gets out. >> sahalali, how is the family doing? you're clearly trying to be strong for your brother but how are you doing after all these

months? >> absolutely, we are exhausted, frustrated, just mentally and physically tired. we don't really sleep very much. we're constantly waiting by our phones just in case he gets a chance to call us, but we just want him home. >> to say the very least. december 16th, this is next court date, another chance for your brother and for your family. we can hope with you that he'll be back with you by christmas. keep us updated please. >> absolutely. >> absolutely. thank you. >> thank you so much for your time. chris, back to you. >> wow, eight months. let's take a break here on "new day," when we come back, dotzs of pilot whales fighting to stay alive after beaching themselves. they are back swimming, will they make it to deeper water? we'll talk with environmentalists and cnn special correspondent philippe gustaeau.

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♪ -- love me so, let it snow, let it snow, let it snow ♪ welcome back, nice song but bad weather. big storm, we know where it is, the question is where is it going? >> here is what's crazy, temperatures we're looking at. notice with the windchill, denver feels like negative 31 degrees right now and that cold arctic air is spreading farther down to the south, yet the danger is not really those temperatures. it's where we have a little bit of the in between temperatures where currently we're starting to see freezing rain. st. louis now reporting freezing rain. so what is going on? what you want to look at is the temperature threshold. look at the 70s, how warm it is and behind the system where we

have the threat for cold air and snow temperatures below freezing. it's the middle line right there we have the wintry mix in between as we transition from rain over to snow, where you have that threat for freezing rain, exactly what we're starting to see ramp up this morning, from illinois, back through dallas, this is where that threat is this morning, it will extend through the evening hours today, notice all the way into the ohio valley and overnight even through tomorrow we still have the system in place, finally exiting offshore, by saturday morning, but here is the big concern, we keep talking about this, where would we have the best chances of over half an inch of freezing rain, from paducah, kentucky, back to just east of dallas. that is the concern, the power outage threat and also the icy, slick roads out there. if you get that much weight on a tree branches, they break off, fall on the power lines and cause more power outages. that's the concern there. one more time, here is the threat as we go through the first wave of the system, second system behind it saturday through sunday almost the exact

same place so cold arctic air, power outages, never a good situation. michaela? >> thanks for that look at the weather, indra. let's talk about a situation that's happening in florida right now. this morning, rescuers trying to save 41 pilot whales stranded by the florida everglades. ten whales have died and as the group spends more time in the shallow water experts fear the worse. joining us is philippe cousteau, the host of "eyes going deep." >> good morning, michaela. >> they want to set expectations really low and they're not thinking these whales could be saved. this morning, more vessels are aiding in the effort. what is making this operation so difficult for them? >> well there's a couple factors that are contributing to the difficulty down here. it's very, very remote area down

in the everglades. it gets very hot, the tide differences are providing a problem at low tide, only a few feet of water and of course the pilot whales are several miles as much as 20 miles away from any deep water, which is their traditional habitat. all of the factors are coming together, even though they're in the water, whales can become dehydrated and scientists and researchers don't know how long they've been there so it's possible that some of them are beginning to suffer from malnutrition and malnourishment. >> could you talk to us why they could be there? is there any indication this could be an environmental factor or perhaps illness or disease that led them there? >> well unfortunately michaela, at this point it's pretty speculative. we don't know exactly what brought them there, again, we don't know how long they've been there, but of course pilot whales are very, very social animals and this is unfortunately not an uncommon occurrence. pilot whales occur all over the

world in these mass strandings, usually when the leader of the group gets in distress or goes in a certain direction the rest of them no what theer what will follow them and oftentimes when pilot whales beach themselves, in they make a distress call the other whales will come up onto the beach with them at their own peril. so it's very much a social unit, pilot whales closely connected and no doubt that one of them lost their way and the rest followed, and you know, at least ten of them have died now. there are still several dozen left but unfortunately it's not looking good. these are very large animals, the boats that are down there right now are trying to herd them out but it's difficult to do with multi, several dozen ton plus creatures. >> up to 13 feet long. we understand some of the efforts involve trying to herd them or nudge them back out to sea, explain the complexity of doing that. again, they're so large. >> well, they are very large.

males can get up to 16 feet long and you're talking about an animal that's at least a ton in size, there's dozens of them. so a few small vessels trying to herd them out, you know, it's a 3-d environment. the whales at high tide can submerge, they can move around and probably try and stay in a small unit so even a few small boats trying to herd dozens of large whales it's a complicated effort. usually when this happens in new england and other places they bring in flatbed trucks, sometimes bring helicopters. none of that is available in this remote area, compounding the challenges. >> and if they get them out they face hurdles, there's sand bars and things that don't make it a clear shot to deeper water, correct? >> that's the other peoplroblem. it is not a clear avenue to the ocean, it is a windy route and there are sand bars and as the tide goes up and down the whales can get stranded on the sand

bars and that can compound and make the problem worse for them. it's unfortunately not looking good. >> philippe cousteau, thank you very much, a cnn special correspondent, environmental and cnn i-host, going green. thank you for your expertise on the issue. it's been moving a lot of people. they've been watching the scene unfold. it's heartbreaking to watch. thank you for your comments. >> we never give up hope. >> we never do. kate, chris? coming up, part two of our blockbuster interview with michael morton, in prison 25 years for a crime he didn't commit. how did he make it? what happened to get him out and how the tables turned on the people he says stole his life. t? all we do is go out to dinner. that's it? i mean, he picks up the tab every time, which is great...what? he's using you. he probably has a citi thankyou card and gets 2x the points at restaurants. so he's just racking up points with me. some people... ugh! no, i've got it.

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welcome back to "new day." yesterday we introduced you to michael morton. he spent 25 years behind bars for the brutal murder of his wife. the problem is he didn't commit that murder. during that time, morton lost nearly everything, even his will to go on. was tested. here how the tables turned and what he says we all need to know. his incredible story the topic of an upcoming cnn film. here is part two of our conversation. >> a texas supreme court justice cleared the way for michael morton to find out why evidence

that could have set him free was not turned over to his lawyers. >> reporter: nearly 25 years, that's how long michael morton had been behind bars, waiting for had chance. his last shot at freedom. he knew he was innocent, but time had worn away his resolve. was there any a moment or a period during your incarceration where you doubted yourself, where you doubted maybe even reality? >> i wondered, i started to doubt a little bit or question and you start thinking, well, i might die here of old age. >> reporter: morton's attorneys fought for years to have dna testing done on a blue bandana found near the morton's home where his wife, christine, was murdered. the prosecution called the bandana insignificant. >> i told the court and i'm quoting, "this band january ana may contain the blood of the victim, christine morton" plus

perhaps mingled with the blood of the murderer. >> reporter: it did, the dna was a match, not with morton but with this man, mark alan norwood, eventually found to have murdered christine morton and afterwards another woman, deborah baker, a life that could have been saved. morton was finally cleared, but there was another twist. ken anderson, the former prosecutor, who helped put him behind bars, allegations that he withheld key evidence during the trial that could have helped morton's case. he said he didn't remember. >> i don't remember a lot of that. i have no recollection. >> reporter: anderson would become a texas judge, was disbarred and charged. he pleaded no contest and was sent to jail, but only for ten days. do you blame him? >> yes. but at the same time that i blame him, i also forgive him. >> reporter: why? >> if you want to be forgiven, you have to forgive.

i am not going to spend the rest of my life pointing my finger at him and wanting his head on a stick and going after him. >> reporter: in order to be forgiven, you must forgive. for most of us, that is on a prayer card somewhere, pressed into a book or on a refrinl rater, and rate refrigerator and we say it to others. what is the difference? >> the difference between saying forgiveness or giving forgiveness is all the difference in the world. it's like saying i can fly, or actually flying. >> reporter: morton was released in october, 2011. he had entered prison at 32, left at 57. but more had changed than just his appearance. he was out of prison, but not entirely free. that would come only when he

reconnected with his son, eric, just a toddler, when morton was locked up. >> i was raised by my aunt. i like to think that my family kind of set a standard that we're not going to act differently because of what happened to my mother. >> reporter: eric visited his father in prison at first but eventually shut him out. and even changed his name. >> when i got out of prison, that meant that the underpinnings of everything that my son believed, the motivation for all that he had done and others around him had been shown to be false. >> reporter: where does that leave the two of you? >> in the middle of our process. it was slow going because he had so much to change in his head and in his heart. >> reporter: eric married and eventually started his own family. recently he had a daughter named

christi christine, after his late mother. what does that mean to you, that your granddaughter has your late wife's name? >> i was pleased by it. it made me smile, and i have to admit it brought a little bit of a tear to my eye, but i like it most of all because what it says about my son and my myself, the way we're reconnecting. >> reporter: perhaps one of the most shocking parts of this story is that morton says losing a quarter century of his life because the system failed him changed him. how different are you now than you were in 1986? >> i'm different not just because of maturation and incarcerati incarceration, but i'm different because i can really appreciate colors and association with good

people. i love people's pets, small children, good food, clothes that fit, are comfortable, a nice bed, means a lot, things that you take for granted, i get all that. >> changed him for the better he believes. 25 years in prison, changed for the better. why did he do this film? he believes his story is one reason, is he just like us, he had a regular life, he was in the suburbs, he had the family, he had the fence. he could have been anybody. >> could have happened to anyone. >> and he wants you to know that, that you have to be aware. >> i keep think being that son and the relationship. you have to now shift completely going from believing that your father was responsible for your mother's death to understanding that he wasn't, forgiveness has to take a whole new urgency, right? >> the damage to that relationship is like a true tragedy in this whole thing, not only did they lose their mother and their wife, but they really lost each other.

>> and neither of their faults, not because they did something wrong. >> exactly right and that's what pained him the most. now they're coming back together and that's the beautiful part of this story, one of the things that makes it so special. see michael morton's full story "an unreal dream" great title, the michael morton story tonight at 9:00 p.m. eastern. coming up next on "new day" a beautiful secret finally revealed, who bought this $9,000 engagement ring for an iraq vet and his fiance? a hint for you, it is another reason to miss actor paul walker, inspiring story and the bittersweet good stuff, coming up. this was the hardest decision i've ever had to make.

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♪ welcome back. time for "the good stuff." one california couple are fans of paul walker for a special reason. kyle and kristen upham were engaged in 2004, kyle just back from a tour in iraq and about to head back for another one, when they decided to go ring shopping. kyle wanted to do it up right but the money just wasn't there. >> we started looking at rings, and whatnot, and he kept wanting me to go bigger and i kept saying no, look at the prices. >> well, there was another shopper in the store with them and they struck up a conversation. >> when he found out kyle just came back from iraq just i remember seeing the look in his face. it kind of transformed. >> the mystery man of course, paul walker. kyle and kristen had to leave the store empty handed but before they got too far a clerk called them back. >> one of the ladies came up

holding a bag and just simply said, here is your ring. and i -- i think both of our mouths dropped. still to this day the most generous thing anyone's ever done for me. >> the ring, $9,000. the clerk helped walker's secret all these years, although the uphams obviously suspected he bought it, only revealing the truth after his death. paul walker bought them their engagement ring, didn't want anything for it. >> didn't want any recognition. >> how about that? what a treasure. >> it is and especially now when you're figuring out how to remember somebody like this, you get distracted by the movies but you want to know who the man was. this is as good a story as you'll hear about a person. >> his parents should be very proud. >> and certainly the good stuff, his father as well, he has a daughter out there. a lot of news this morning, let's head you right to "the newsroom," ms. carol costello holding it down for us. >> a lot of news about the weather and some good news about the economy you'll want to hear.

"newsroom" starts now. -- captions by vitac -- www.vitac.com epic ice storm. >> thermometer in my truck says degrees. >> reporter: storms stretching from new mexico to new england. frigid polar air plunging south, a third of the country shivering with windchills below zero. also, tale of the tape. >> you think you can't be shocked anymore. >> reporter: brand new allegations against toronto mayor rob ford. >> all of the evidence gathered in that case has been reviewed by the investigators. >> reporter: wire taps that apparently have ford offering $5,000 and a car for a video of him smoking crack. plus wage strike, thousands from coast to coast protest their paycheck. should the minimum wage be raised to 15 bucks? you're